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  • H1B to H4 to H1B

    Good Morning.

    Let me explain my situation:

    I was holding H4 and applied for H1B through consultancy my H1B got approved in the cap and collected my H1B petition as well. From Oct 01,2015 onwards am eligible to work in US. Till now I have not get any job offer.

    Am planning to go to India in April end/May first week 2016.

    Question 1: Suppose if I have not get any offer till May,2016, in this case is it possible to travel in H4 and get the stamping and back to US in H4 then change the status to H1B(Is there any chance that the documents go to RFE while doing H4 to H1B conversion)?

    Question 2: If I got an offer in Jan and started working from Feb, 2016, but am not sure whether company A will provide client letter and related documents for my H1B visa stamping and also in India, the stamping team expects atleast 1 year w2 form as I would not have W2 forms at that time, so in this case is it possible to travel in H4 and get the stamping on my passport in India and back to US in H4 then change the status to H1B with the same Company A then continue my work with company A(Is there any chance that the documents go to RFE while doing H4 to H1B conversion)?

  • #2
    Originally posted by Ramya Ramesh View Post
    Good Morning.

    Let me explain my situation:

    I was holding H4 and applied for H1B through consultancy my H1B got approved in the cap and collected my H1B petition as well. From Oct 01,2015 onwards am eligible to work in US. Till now I have not get any job offer.

    Am planning to go to India in April end/May first week 2016.

    Question 1: Suppose if I have not get any offer till May,2016, in this case is it possible to travel in H4 and get the stamping and back to US in H4 then change the status to H1B(Is there any chance that the documents go to RFE while doing H4 to H1B conversion)?

    Question 2: If I got an offer in Jan and started working from Feb, 2016, but am not sure whether company A will provide client letter and related documents for my H1B visa stamping and also in India, the stamping team expects atleast 1 year w2 form as I would not have W2 forms at that time, so in this case is it possible to travel in H4 and get the stamping on my passport in India and back to US in H4 then change the status to H1B with the same Company A then continue my work with company A(Is there any chance that the documents go to RFE while doing H4 to H1B conversion)?
    Was H1 applied as Consular process or as COS? If as COS then you should already be working and getting paid.

    This is my opinion not legal advice.

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